I talked to my HR last Friday regarding my termination notice. I asked them if they have decided about that matter and prepared the reply letter. They eventually told me that there might be an issue if they proceed with the claim. I told them, it is certainly an issue and totally wrong to extend my termination period from one month to two months on the basis of receiving an increment from them.
I told them I did studying the Malaysian Employment Act and the only thing that they can do to change the termination notice is to prepare a new offer letter which clearly says that they amended some rules and regulations under which clause or so, and being properly informed and signed by both party.
May be because they were not convinced with my answer or probably they want to know what options available for them, they called the Malaysian Employers Federation (MEF). Unfortunately for them, the MEF informed that in this case, my termination notice shall remain as what stated in my letter of appointment. We came to a verbal agreement that my termination notice shall remain at 1 month.
I am glad, this matter has been solved without much hassle. Now I can focus on other things which I had left behind just to prepare for the worse of this. I hope and I want to believe, that there will be no more scenes after this. They should always understand that I meant to quit gracefully from The Company.
Anyhow, I still keep my reply letter for future reference, and also to be ready for the unexpected. I am a sceptical person. And this is how my letter reads;
I would like to make my stand clear, that extending my termination notice from what actually stated and signed by both party in the original document is against and totally an act of breaching of contract agreed beforehand according to Law of Malaysia Act 265 (Employment Act 1955), which clearly stated;
Notice of termination of contract
Section 12.
(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service.
(2) The length of such notice shall be the same for both employer and employee and shall be determined by a provision made in writing for such notice in the terms of the contract of service,
02 Thus, under subsection 12(2), notice of termination SHALL be based on the CONTRACT OF SERVICE, and not LETTER OF INCREMENT. There is no way The Company can justify its reason to extend the notice of termination as clearly stated in my letter of appointment signed on the (XXX) under Clause XX:
4. TERMINATION
During probation period, your employment may be terminated by either party upon giving to the other party one (1) month’s notice or salary in lieu of notice without assigning any reason therefore. On confirmation either party can terminate the employment by giving one (1) month’s notice in writing or pay in lieu.
03 Aside from that, referring to my annual increment notice as follows;
1. XXXX and;
2. YYYY
I do not find any statement regarding changes of Termination Notice as you falsely and unlawfully claimed. In fact it clearly says that “OTHER TERMS AND CONDITION OF EMPLOYMENT REMAIN SAME”
04 I would like to concur that this Term & Condition of Employment is referring to the terms stated in my Letter of Appointment (Ref: X) under Clause XX as mentioned above.
05 I believe The Company has gone against the Malaysia Employment Act 1955, by unlawfully extending my Termination Notice from one (1) month to two (2) months. It is not to be called a CONTRACT if the amendment was made without the acknowledgement of both party and signed thereafter.
06 I would like to make clear that:
(i) Terms and Conditions of a contract of service must be made not lesser or lower than the provisions stipulated under the Act,
(ii) If the Terms and Conditions, in the contract of service, found to be lower than what is provided under the Act, the contract becomes null and in-effective. It shall be replaced by the terms and conditions according to the Act.
I told them I did studying the Malaysian Employment Act and the only thing that they can do to change the termination notice is to prepare a new offer letter which clearly says that they amended some rules and regulations under which clause or so, and being properly informed and signed by both party.
May be because they were not convinced with my answer or probably they want to know what options available for them, they called the Malaysian Employers Federation (MEF). Unfortunately for them, the MEF informed that in this case, my termination notice shall remain as what stated in my letter of appointment. We came to a verbal agreement that my termination notice shall remain at 1 month.
I am glad, this matter has been solved without much hassle. Now I can focus on other things which I had left behind just to prepare for the worse of this. I hope and I want to believe, that there will be no more scenes after this. They should always understand that I meant to quit gracefully from The Company.
Anyhow, I still keep my reply letter for future reference, and also to be ready for the unexpected. I am a sceptical person. And this is how my letter reads;
I would like to make my stand clear, that extending my termination notice from what actually stated and signed by both party in the original document is against and totally an act of breaching of contract agreed beforehand according to Law of Malaysia Act 265 (Employment Act 1955), which clearly stated;
Notice of termination of contract
Section 12.
(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service.
(2) The length of such notice shall be the same for both employer and employee and shall be determined by a provision made in writing for such notice in the terms of the contract of service,
02 Thus, under subsection 12(2), notice of termination SHALL be based on the CONTRACT OF SERVICE, and not LETTER OF INCREMENT. There is no way The Company can justify its reason to extend the notice of termination as clearly stated in my letter of appointment signed on the (XXX) under Clause XX:
4. TERMINATION
During probation period, your employment may be terminated by either party upon giving to the other party one (1) month’s notice or salary in lieu of notice without assigning any reason therefore. On confirmation either party can terminate the employment by giving one (1) month’s notice in writing or pay in lieu.
03 Aside from that, referring to my annual increment notice as follows;
1. XXXX and;
2. YYYY
I do not find any statement regarding changes of Termination Notice as you falsely and unlawfully claimed. In fact it clearly says that “OTHER TERMS AND CONDITION OF EMPLOYMENT REMAIN SAME”
04 I would like to concur that this Term & Condition of Employment is referring to the terms stated in my Letter of Appointment (Ref: X) under Clause XX as mentioned above.
05 I believe The Company has gone against the Malaysia Employment Act 1955, by unlawfully extending my Termination Notice from one (1) month to two (2) months. It is not to be called a CONTRACT if the amendment was made without the acknowledgement of both party and signed thereafter.
06 I would like to make clear that:
(i) Terms and Conditions of a contract of service must be made not lesser or lower than the provisions stipulated under the Act,
(ii) If the Terms and Conditions, in the contract of service, found to be lower than what is provided under the Act, the contract becomes null and in-effective. It shall be replaced by the terms and conditions according to the Act.
Therefore, I require The Company to make an official statement to amend this issue, and re-issue a reply in accordance to the Malaysia Employment Act 1955.
07 Failing to do so, I assume The Company had breached the contract of service, and below statement shall apply:
(i) In the event of wilful breach of contract on either party, the other party may terminate the contract without notice.
08 In the event of failing to pay my wages accordingly, I would not hesitate to take this matter to the Department of Labour for further jurisdiction of the case as I have ample proofs of the contract’s violations.
09 Please be informed that this is not a threat to The Company, but to defend myself against any injustice to my right as an employee reserved by the law.
Regards,
MrLett
3 comments:
Nice one!
Hehe!!
good for you! :)
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